This document concerns the general terms and conditions under which the use of the website www.endoscopyonair.com is offered to users.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings indicated below:
– Owner: Medflix s.r.l., in the person of its legal representative Ioannis Spandonis
– Platform: the website www.endoscopyonair.com
– Services: any service or digital service provided by the Owner
– User: any person who accesses and uses the Platform
– Consumer User: an adult person (at least 18 years old or more) who concludes a contract for purposes unrelated to his/her entrepreneurial, commercial, craft or professional activity.
– User Partner: the adult person as defined above or legal entity that concludes a contract for the performance or needs of their entrepreneurial, commercial, craft or professional activity.
– Terms and Conditions: this contract ruling the relationship between the Owner and the Users as well as the provision of the Services offered by the Owner through the Platform.
For any clarification or question regarding these Conditions, the Owner may be contacted by email at tech@ceo
2. Information on the Platform’s offer
The Platform provides registered Users, free of charge, the possibility of booking, managing and participating in organized online and live events concerning endoscopy procedures. A Newsletter service is provided to the email address provided when creating the Account on topics related to endoscopy events.
3. Scope of application of the Conditions
Use of the Platform implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other notes, legal notices, information published or referred to them, they will not be able to use the Platform or its Services. The Conditions may be modified at any time. The applicable Conditions are those in force on the date of registration on the Platform for participating in the Event. Before using the Platform, the User is obliged to read the Conditions carefully and to save or print them for future reference. The Owner reserves the right to change, at its own discretion, at any time, even after the registration of the User, the graphical interface of the Platform, the Content and its organization, as well as any other aspect that characterizes the functionality and management of the Platform, communicating to the User, where necessary, the relevant instructions.
4. Request for provision via the Platform
All the Services offered via the Platform are described in detail (viewing of live or recorded virtual Medical and business events, the possibility of virtual meetings between health care practitioners and non-medical staff s from all over the world, organization of future events, recording of past events that have already taken place, video library always available to the User). There may be some errors, inaccuracies or minor differences between what is published on the Platform and the actual Services. Furthermore, the multimedia content related to the Services is only representative and does not constitute a contractual element.
Requests for the provision of one or more Services via the Platform are allowed to both Consumer Users and Partner Users. Requests to use the Services are only permitted to natural persons if they are of legal age.
The offer and availability of the Services via the Platform constitutes an invitation to offer and the request sent by the User will be considered a contractual proposal to request services, subject to confirmation and/or acceptance by the Controller as described below. Therefore, the Owner will have the right, at its sole discretion, to accept or refuse the User’s request without the User being able to object or complain in any way and/or for any reason.
The contract for the provision of the Services is concluded with the acceptance by the Owner of the User’s request. The Data Controller shall accept the User’s request by sending confirmation of registration to the e-mail address indicated by the User or by displaying a web page confirming registration, which will contain contact details, the date and time bands when the service will be provided.
The contract for the provision of the Services shall not be considered effective between the parties in the absence of the provisions of the preceding paragraph.
If the Service is not available, the Owner shall inform the User of the new terms of supply, asking whether or not he intends to confirm registration. It is understood that the contract shall be deemed to have been concluded for the Services accepted by the Owner.
The User undertakes to check the accuracy of the data given and to notify the Owner immediately of any errors and shall keep a copy of his order, its confirmation and the Conditions.
The User is responsible for the safekeeping of his or her access credentials, which must be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them secret and ensure that no third party has access to them and to inform the Controller immediately if he suspects or becomes aware of any misuse or improper disclosure of them.
The User guarantees that the personal information provided during the registration process is complete and truthful and agrees to hold the Owner harmless and indemnified against any damage, compensation obligation and/or sanction arising from and/or in any way related to the User’s violation of the rules on registration with the Platform or the storage of registration credentials.
6. Account deletion and closure
The registered User may stop using the Platform at any time and deactivate his/her account or request its cancellation by sending a written notice to firstname.lastname@example.org.
7. Methods of providing services
The Owner will provide the Services to the User, in the manner and within the time period indicated on the Platform and also reported in the registration and booking confirmation.
In the event that it is not possible to provide the Services requested within this term, the User will be promptly notified by email, indicating when it is expected to be able to provide them or the reasons why the provision is impossible.
8. Industrial and intellectual property rights
The Owner declares that he or she is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Platform and/or the Content available on the Platform. Therefore, all trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos and content relating to the Platform are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties.
The Conditions do not allow the User to have any user license related to single contents and/or materials available on the Platform, unless otherwise stipulated.
Any reproduction in any form of the explanatory texts and Contents of the Platform, if not authorized, will be considered an infringement of the intellectual and industrial property rights of the Owner.
9. Exclusion of warranty
The Platform is provided on an “as is” and “as available” basis and the Owner does not provide any explicit or implicit guarantee in relation to the Platform, nor does he provide any guarantee that the Platform will be able to meet the needs of Users or that it will never be interrupted or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Platform is available 24 hours a day, but cannot in any way be held liable if, for any reason, the Platform is not accessible and/or operational at any time or for any period. Access to the Platform may be suspended temporarily and without prior notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the control of the Owner or due to events of force majeure.
10. Limitation of liability
The Owner shall not be liable to the User, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its suppliers.
The Owner shall also not be liable for damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him.
The Owner shall not be liable for:
a. any loss of business opportunity and any other loss, including indirect loss, that the User may suffer that is not a direct consequence of the breach of contract by the Controller
b. incorrect or inappropriate use of the Platform by Users or third parties
c. the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for its correct entry
11. Force Majeure
The Holder shall not be held responsible for the non-fulfilment or delayed fulfillment of its obligations due to circumstances beyond the reasonable control of the Holder caused by force majeure events or, in any case, unforeseen and unforeseeable events and, in any case, beyond its control.
The fulfillment of the obligations by the Holder shall be deemed to be suspended for the period during which force majeure events occur. The Holder shall take any action in its power to find solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.
12. Links to third-party sites
The Platform may contain links to third party sites/applications. The Owner does not exercise any control over them and is therefore in no way responsible for the content of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Platform. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third party will apply to the individual services, for which the Owner accepts no responsibility.
14. Applicable law and competent court
The Conditions are subject to Italian law. For Partner Users, any dispute relating to the application, execution and interpretation of these Conditions shall be referred to the court of the place where the Owner is based.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to refer the matter to a judge other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, having territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Civil Procedural Code.
This is without prejudice to the application to Consumer Users who are not habitually resident in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they are habitually resident, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising such right, the methods and formalities for communicating the same and the legal guarantee of conformity.
15. Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and supply of services stipulated online. Consequently, the User Consumer may use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date March 23rd, 2022